Heritage Bank of Commerce v. Zurich American Insurance Company, a New York corporation

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

HERITAGE BANK OF COMMERCE,

10 Case No. 21-cv-10086-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO 12 DISMISS

ZURICH AMERICAN INSURANCE

13 COMPANY, 14 Defendant.

15 I. INTRODUCTION 16 Plaintiff Heritage Bank of Commerce purchased insurance from Defendant Zurich 17 American Insurance Company. The policies were claims-made-and-reported policies, much as 18 Heritage tries to convince otherwise. Under this type of policy, Heritage could only obtain 19 coverage if a claim was made against it during the policy period and it reported the claim to 20 Zurich during the period (or a short grace period afterwards). 21 Heritage was sued by several entities who had been scammed by DC Solar, one of 22 Heritage’s clients. Zurich denied coverage because the claims were not reported to Zurich 23 according to Zurich’s policies until well after the policy period had expired. Heritage argues it is 24 entitled to…